SA 3787. Mrs. LINCOLN submitted an amendment intended to be proposed to amendment SA 3667 submitted by Mr. HARKIN (for himself, Mr. ENZI, Mr. JOHNSON, Mr. BARRASSO, Mr. DORGAN, Mr. GRASSLEY, Mr. FEINGOLD, and Mr. TESTER) and intended to be proposed to the amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the following:
SEC. 10207. COMPETITIVE INJURY STUDY.
Subtitle A of title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 191 et seq.) is amended by adding at the end the following:
``SEC. 208. COMPETITIVE INJURY STUDY.
``Not later than January 1, 2009, the Secretary, in consultation with the Attorney General of the United States, shall conduct, and submit to Congress a report describing the results of, a review of--
``(1) the means by which the competitive injury standard has affected parties to civil actions filed pursuant to this Act;
``(2) whether the standard of review applicable to anticompetitive cases regarding the agricultural industry is consistent with the standard of review applicable to anticompetitive cases regarding other industries;
``(3) the potential impact on agricultural markets of eliminating the competitive injury requirement from laws (including regulations) applicable to agricultural markets; and
``(4) the impact on agricultural and nonagricultural industries, trade, and prices paid by consumers of eliminating the competitive injury standard.''.


(As printed in the Congressional Record for the Senate on Nov 16, 2007.)